The clarion. [volume] (Jackson, Miss.) 1883-1888, 1887-02-02
GEO. c. PAINE,
HALL SAFE & Lock Co. J

HALL SAFE " LOIk ".
Appeal from the Circuit Court of Mon
roe county. Hon. ]. w. Buchanan,
Judge.
Geo. C. Paine, for the appellant.
Houston & Reynolds, for the appellee.
In 1885, the Hall Safe & Lock Com
pany sold to Buder Bros. an iron safe
for 1925, retaining title thereto until
the purchase money was paid. The pay
ments were to be made in installme nts,
and Sl3S was paid in that way. Buder
Bros. were engaged in the business of
lie welers. Over the store-house in which
they conducted the business the sign
"Buder Bros" was displayed, and there
in was the safe in question, which was
in daily use in carrying on the business.
On June IA, 1886, one Garth, from
whom Buder Bros. rented the store in
which they were carrying on their busl-
ness, sued out an attachment for rent
and levied it on this safe found on the
premises. The safe wac sold under the
attachment and bought by Geo. @.
Paine. The Hall Safe & Lock Company
had no knowledge of the levy and sale
of the safe. In October, 1886, all the
unpaid purchase money being then due,
the Hall Safe & Lock Company de-
manded of Geo. c. Paine, the purchaser
of the safe, the balance due them on
the safe. On his refusing to pay it, the
company sued out an action of replevin
against Paine to recover possession of
the safe. BY agreement the cause was
submitted to the Judge and he found
for the plaintiff in repleyin. The de-
PENDANT, Paine, appealed.
CAMPBELL, j., delivered the opinion of
the Court.
If the appellee was owner of the safe
it should have interposed its claim in
pursuance of 1917 of the Code, and
not having done so was precluded from
claiming that the safe was not liable to
be distrained for rent.
Gibson o. Lock, So Miss, 29S.
But aside from this, the judgment
should have been for the defendant on
the facts Buder Brothers were 'traders"
in the meaning of 1900 of the Code,
and call the property, stock, money and
chooses in action used or acquired in
such business" were as to their creditors
liable for their debts, by virtue of said
section. Its language is plain, and its
meaning and purpose obvious. 1t first
enacts that traders and all Of Ike Kind,
who employ signs, must by the sign
truly indicate the ownership or else the
property, ETC., used or acquired in such
business shall be liable to the cred
itors of him who transacts the bust
ness; and then to meet the case of hav-
ing no sign, it provides that he who
transacts the business and has the prop
erty, and thus appears to be its owner,
shall be treated as such in favor of his
creditors. Where sign is employed it
must not mislead, and where there is no
sign, he who appears to be owner from
transacting business with it or acquir-
ing it in his business is to be so held
and treated in favor of his creditors.
That is the simple scheme of 1900.
Its design is to promote honesty and
secure justice, by precluding the asser-
ton of secret claims of ownership against
creditors of him who has been permitted
to possess property in his business as a
trader, and appear to be its owner.
Prior to the enactment of this section
conditional sales of personal property of
any kind whereby the vendor retained
the title, although the vendee had pos
session, were valid, where this separa-
ton of the title and possession did not
continue for three years, without any
writing or record.
Ketchum d Brennan, SO Miss, 500.
This Is still the law, except as altered
by the section under consideration. By
it change was made as to the class of
persons contemplated by it, and while
the former law as to conditional sale.
with all their incidents remains as it
was as to the great body of the people, it
was changed by this section as to all
who fall under the designation of traders,
and they are to be treated as the abso-
lutte owners of what they use or acquire
10 business, so far as its liability to
their creditors is concerned. The evil
Of permitting a separation of title and
possession was found to exist, and bear
It's worst fruits, among those called by
the general designation of traders, and |
hence the effort to correct it, as far as |
possible, by the just requirement of |
rue signs, and in the absence of such |
ndicia of ownership, by that springing
rom the possession, dominion and con- |
srol of the property.